AB981: Bill Text

AB981,4,18 103.60 (1) The rights to bail release that are accorded to persons accused of a crime.

AB981,7 Section 7. 114.09 (1) (b) 3. of the statutes is amended to read:

AB981,4,22 114.09 (1) (b) 3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

AB981,8 Section 8. 114.105 of the statutes is amended to read:

AB981,5,8 114.105 Local regulation. Any county, town, city or village may adopt any ordinance in strict conformity with the provisions of this chapter and impose the same penalty for violation of any of its provisions except that such ordinance shall not provide for the suspension or revocation of pilot or aircraft licenses or certificates and shall not provide for imprisonment except for failure to pay any fine which may be imposed. No local authority shall enact any ordinance governing aircraft or aeronautics or spacecraft or astronautics contrary to or inconsistent with the provisions of this chapter or federal law. Every court in which a violation of such ordinance is prosecuted shall make a written report of any conviction (including bail or appearance money forfeiture) to the federal aviation administration.

AB981,9 Section 9. 165.755 (5) of the statutes is repealed.

AB981,10 Section 10. 175.60 (3) (d) of the statutes is amended to read:

AB981,5,12 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.

AB981,11 Section 11. 175.60 (3) (d) of the statutes is amended to read:

AB981,5,15 175.60 (3) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c), 2013 stats.

AB981,12 Section 12. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB981,6,9 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats. and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB981,13 Section 13. 175.60 (11) (a) 2. g. of the statutes is amended to read:

AB981,6,12 175.60 (11) (a) 2. g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats.

AB981,14 Section 14. 175.60 (14) (am) of the statutes is amended to read:

AB981,6,21 175.60 (14) (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or s. 969.03 (1) (c), 2013 stats., whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

AB981,15 Section 15. 289.33 (3) (d) of the statutes is amended to read:

AB981,7,15 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), and (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB981,16 Section 16. 301.03 (7m) of the statutes is amended to read:

AB981,7,20 301.03 (7m) Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a) or s. 969.03 (1) (a), 2013 stats. The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.

AB981,17 Section 17. 302.46 (1) (d) of the statutes is repealed.

AB981,18 Section 18. 321.62 (2) (b) of the statutes is repealed.

AB981,19 Section 19. 321.62 (2) (c) of the statutes is amended to read:

AB981,8,7 321.62 (2) (c) A surety, guarantor, endorser, or other person subject to the obligation, liability, court action, order, writ, or judgment under par. (a) or (b) may waive in writing the rights afforded by this subsection, except that the waiver is not valid unless the waiver is executed as an instrument separate from the obligation, liability, court action, order, writ, or judgment. The waiver under this paragraph is not valid after the beginning of the period of state active duty if executed by a service member who subsequently is ordered into state active duty. The waiver under this paragraph is not valid if executed by a dependent of a service member unless the waiver is executed during the period of state active duty.

AB981,20 Section 20. Subchapter III (title) of chapter 345 [precedes 345.11] of the statutes is amended to read:

AB981,8,10 CHAPTER 345

AB981,8,11 SUBCHAPTER III

AB981,8,12 ARRESTS, BAIL, PENALTIES

AB981,21 Section 21. 345.11 (2) of the statutes is amended to read:

AB981,8,23 345.11 (2) The uniform traffic citation shall be on a form or in an automated format recommended by the council on uniformity of traffic citations and complaints and shall consist of a court report, a report of conviction for the department, a police record and report of action on the case and a traffic citation. The form or automated format shall provide for the name, address, birth date, operator's license number of the alleged violator if known, the license number of the vehicle, the offense alleged, the time and place of the offense, the section of the statute or ordinance violated, the amount of deposit or bail for the offense, a designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so, and any other information as may be pertinent to the offense.

AB981,22 Section 22. 345.20 (2) (b) of the statutes is amended to read:

AB981,9,6 345.20 (2) (b) The trial of forfeiture actions in municipal court for the violation of traffic regulations shall be governed by ch. 800. Provisions relating to the uniform traffic citation in s. 345.11, to arrests in ss. 345.21 to 345.24, to deposits and pleas of no contest under s. 345.26, and to the authority of the court under ss. 345.37, 345.47, 345.48 and 345.50 and to guaranteed arrest bonds under s. 345.61 apply to violations of ordinances to be tried in municipal court.

AB981,23 Section 23. 345.23 (2) (d) of the statutes is repealed.

AB981,24 Section 24. 345.28 (5) (c) 2. of the statutes is amended to read:

AB981,9,25 345.28 (5) (c) 2. If the person who was contacted under par. (b) 2. and who has deposited his or her operator's license fails to appear in court at the date specified by the officer under par. (b) 2. a. or set under s. 345.32, 345.34 or 345.36 or at any subsequent court appearance for the nonmoving traffic violation, the person may be deemed to have entered a plea of no contest. The court may accept the plea of no contest, find the defendant guilty and, except as limited by sub. (6), proceed under s. 345.47. If the court enters judgment under s. 345.47 (1), the court shall give notice of the entry of judgment to the defendant by mailing a copy of the judgment to the defendant's last-known address. The court shall also mail to the defendant's last-known address a statement setting forth the actions the court may take under s. 345.47 if the judgment is not paid. In lieu of accepting the plea of no contest, the court may issue a warrant commanding that the person be arrested and brought before the court. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subdivision may shall be released on his or her own recognizance or on posting bond or may be released without bail and shall be released if the person posts cash bail for his or her appearance. The court may retain the person's license, but the person's operating privilege may not be suspended until after judgment is entered under s. 345.47 and the judgment is not paid.

AB981,25 Section 25. 345.28 (7) of the statutes is amended to read:

AB981,10,13 345.28 (7) Nothing in this section prevents a court from issuing a warrant under s. 345.36 or 345.37 if the person appears in court in response to a citation for a nonmoving traffic violation or after notice by the authority who issued the citation or the department under sub. (4) with respect to the citation or on the date specified by the officer or the court under sub. (5) and then fails to appear in court at any time fixed by subsequent postponement. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subsection may shall be released on his or her own recognizance or on posting bond or may be released without bail and shall be released if the person posts cash bail for his or her appearance.

AB981,26 Section 26. 345.315 (1) of the statutes is amended to read:

AB981,11,4 345.315 (1) In traffic regulation and nonmoving traffic violation cases a person charged with a violation may file a written request for a substitution of a different judge for the judge originally assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. If a new judge is assigned to the trial of a case and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 10 days of the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notification occurs within 10 days of the date set for trial, the request shall be filed within 48 hours of the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notification occurs within 48 hours of the trial or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings. The judge against whom a request has been filed may set initial bail and accept a plea.

AB981,27 Section 27. 345.32 of the statutes is amended to read:

AB981,11,14 345.32 Initial appearance before judge. If a defendant is arrested and brought without unreasonable delay before a judge who, or a court which, does not have jurisdiction to try the case, the defendant shall be committed to await trial in a court with jurisdiction and all papers shall be sent forthwith to that court. In lieu of commitment, the judge may or the court to which the case is sent shall release the defendant if the defendant posts bond for the defendant's appearance in such court, or the judge may release the defendant on the defendant's recognizance for such appearance, or the judge may release the defendant without bail. The court to which the case is sent may similarly release the defendant.

AB981,28 Section 28. 345.36 (1) of the statutes is amended to read:

AB981,11,20 345.36 (1) If the defendant pleads not guilty and requests a continuance the court shall set a date for trial or advise the defendant that notice will later be sent of the date set for trial. The court shall may release the defendant if he or she posts an appearance bond, or the court may release the defendant on recognizance or without bail. A defendant not so released shall be committed to jail to await trial.

AB981,29 Section 29. 345.61 of the statutes is repealed.

AB981,30 Section 30. 348.22 of the statutes is amended to read:

AB981,12,4 348.22 Courts to report weight violation convictions. Whenever any owner or operator is convicted of violating ss. 348.15 to 348.17 or any local ordinance in conformity with ss. 348.15 to 348.17 or any ordinance enacted under s. 349.15 (3), the clerk of the court in which the conviction occurred, or the judge or municipal judge, if the court has no clerk, shall, within 48 hours after the conviction, forward a record of conviction to the department. Forfeiture of bail or appearance money or payment of a fine is a conviction within the meaning of this section.

AB981,31 Section 31. 753.30 (3) (a) 1. of the statutes is amended to read:

AB981,12,17 753.30 (3) (a) 1. The assistant chief deputy clerk or one of his or her deputies shall be present at each session of the circuit court assigned criminal and traffic cases and shall perform all ministerial acts required by and under the direction of the judges, and when the court is not in session, may take bail for the appearance of any person under arrest before the courts for a misdemeanor or a traffic violation, subject to revision by the courts; the clerk or one of his or her deputies, shall issue all processes under the clerk's hand and the seal of the court and attest it in the name of the judge, signing it by the title of office, and shall tax costs; the clerk or one of his or her deputies, may issue warrants upon complaint filed in writing and upon oath in all cases. The complaints, warrants, recognizance, commitments, attachments, venires, subpoenas and all other writs and papers in the courts shall be in substance in the form provided by rules duly adopted and published by the judicial conference.

AB981,32 Section 32. 755.14 (2) of the statutes is amended to read:

AB981,12,21 755.14 (2) For any pending or appealable cases, the bail shall be delivered along with the case file to the proper clerk of court. Any other moneys received under sub. (1) shall be delivered to the municipal treasurer as provided in s. 800.10 (2).

AB981,33 Section 33. 757.05 (1) (d) of the statutes is repealed.

AB981,34 Section 34. 757.26 of the statutes is amended to read:

AB981,13,6 757.26 Court officers, liability of to arrest. The officers of the several courts of record shall be liable to arrest and may be held to bail confined or released in the same manner as other persons, except during the actual sitting of any court of which they are officers; and when sued with any other person such officers shall be liable to arrest and may be held to bail confined or released as other persons during the sitting of the court of which they are officers. No attorney or counselor may be exempt from arrest during the sitting of a court of which he or she is an officer unless he or she is employed in some case pending and then to be heard in the court.

AB981,35 Section 35. 757.34 of the statutes is repealed.

AB981,36 Section 36. 757.69 (1) (b) of the statutes is amended to read:

AB981,13,17 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search warrants, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested, set bail, inform the defendant in accordance with s. 970.02 (1), refer the person to the authority for indigency determinations specified under s. 977.07 (1), conduct the preliminary examination and arraignment, and, with the consent of both the state and the defendant, accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.

AB981,37 Section 37. 781.04 (1) of the statutes is amended to read:

AB981,13,21 781.04 (1) In an action or proceeding seeking the remedy available by habeas corpus, the court may admit order the prisoner to bail held or released in accordance with ch. 969.

AB981,38 Section 38. 782.18 of the statutes is amended to read:

AB981,14,4 782.18 Attachment may issue. In case of attachment an order may be issued to the officer or other person to whom such attachment is directed, commanding the officer or person to bring, forthwith, before the court or judge, the party for whose benefit such writ was allowed, who shall thereafter remain in the custody of such officer or other person, until discharged, bailed released on conditions, or remanded. In the execution of such attachment or order, the person executing it may call to the person's aid the power of the county.

AB981,39 Section 39. 782.23 of the statutes is amended to read:

AB981,14,11 782.23 Prisoner, when bailed released. If it appear that the prisoner has been legally committed for crime or if the prisoner appears, by the testimony offered with the return upon the hearing thereof, to be guilty of crime, although the commitment is irregular, the court or judge before whom the prisoner is brought shall release the prisoner on bail, if bailable and good bail be offered, or shall remand the prisoner.

AB981,40 Section 40. 782.29 of the statutes is amended to read:

AB981,14,21 782.29 Proceedings in absence of prisoner; appearance by attorney. When from sickness or infirmity the prisoner cannot without danger be brought before the court or judge before whom the writ is made returnable the respondent may state that fact in the return, verifying the same by oath. If satisfied of the truth of such allegation and the return is otherwise sufficient, the court or judge shall proceed to dispose of the matter. The prisoner may appear by attorney and plead to the return. If it appears that the prisoner is illegally imprisoned the court or judge shall order discharge forthwith; but if it appears that the person is legally imprisoned and is not entitled to bail release all further proceedings thereon shall cease.

AB981,41 Section 41. 782.36 of the statutes is amended to read:

AB981,15,2 782.36 Proceedings for unlawful detention. If the person having such prisoner in custody shall be brought before such officer as for a criminal offense the person shall be examined, committed, bailed released on conditions, or discharged by such officer in like manner as in other criminal cases of the like nature.

AB981,42 Section 42. 784.05 of the statutes is amended to read:

AB981,15,15 784.05 When defendant held to bail arrested. If the action is brought against a person for usurping an office, the attorney general or person complaining, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, with a statement of the person's right to the office. In such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his or her usurpation of the office, an order may be granted by a judge of the circuit court, by a judge of the court of appeals or by a justice of the supreme court, if the action is pending therein, for the arrest of the defendant and holding him or her to bail; and thereupon the defendant shall be arrested and held to bail in the manner and with the same effect and subject to the same rights and liabilities as in other civil actions when the defendant is subject to arrest.

AB981,43 Section 43. 800.05 (1) of the statutes is amended to read:

AB981,15,21 800.05 (1) A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.

AB981,44 Section 44. 800.11 (1) (i) of the statutes is repealed.

AB981,45 Section 45. 808.075 (4) (g) 1. of the statutes is amended to read:

AB981,15,24 808.075 (4) (g) 1. Release on bond under s. 809.31 or 969.01 (2).

AB981,46 Section 46. 808.075 (4) (g) 2. of the statutes is amended to read:

AB981,16,2 808.075 (4) (g) 2. Modification or revocation of bond release or a condition of release under s. 969.01 (2) (e) or 969.08.

AB981,47 Section 47. 809.31 (6) of the statutes is amended to read:

AB981,16,6 809.31 (6) The court ordering release shall require the defendant to post a bond in accordance with s. 969.09 and may impose other terms and conditions of release. The defendant shall file the bond in the trial court.

AB981,48 Section 48. 895.34 of the statutes is amended to read:

AB981,16,18 895.34 Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time.

AB981,49 Section 49. 895.346 of the statutes is amended to read:

AB981,17,2 895.346 Bail, deposit Deposit in lieu of bond. When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit in an amount at least equal to the required security; and the receiver thereof shall give a receipt therefor and shall notify the payor bank of any deposits of bank certificates of deposit. Section 808.07 shall govern the procedure so far as applicable.

AB981,50 Section 50. 895.446 (4) of the statutes is amended to read:

AB981,17,6 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 969.13 (5) (a), 2013 stats., for the same act.

AB981,51 Section 51. 911.01 (4) (c) of the statutes is amended to read:

AB981,17,16 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise as provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB981,52 Section 52. 938.18 (8) of the statutes is amended to read:

AB981,17,21 938.18 (8) Transfer to adult facility; bail release. When waiver is granted, the juvenile, if held in secure custody, shall be transferred to an appropriate officer or adult facility and shall be eligible for bail release in accordance with chs. 968 and 969.

AB981,53 Section 53. 938.35 (1) (cm) of the statutes is amended to read:

AB981,17,24 938.35 (1) (cm) In a court of civil or criminal jurisdiction for purposes of setting bail conditions of release under ch. 969 or impeaching a witness under s. 906.09.